Keeping completed ballot documents
23 Keeping completed ballot documents
This section applies if a ballot is held by a club.
The club secretary must keep the following for at least 12 months after the day the secretary gives the commission written notice of the result of the ballot:
if the ballot was not conducted electronically—the voting documents, completed by members and returned to the person conducting the ballot, whether or not the person counted the votes in the ballot;
if the ballot was conducted electronically—information about how the result of the ballot was worked out;
a list stating the name of each voting member who was given a voting document.
Note 1 For par (a), voting documents are given to voting members under s 20 (1) (a).
Note 2 Under the Electronic Transactions Act 2001, s 11 (Retention of information and documents), if a person is required to retain a document for a particular period, the requirement is taken to be met if the person retains an electronic form of the document.
If the ballot is conducted by an independent ballot service provider, the provider must give the documents mentioned in subsection (2) to the club secretary—
within 7 days after the voting close date for the ballot; or
if the provider and the secretary agree that the provider should give the secretary the documents sooner than 7 days after the voting close date—by the agreed date.
Part 5 Centralised monitoring system
The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.